§ 166-167. Powers and duties of county administrator.

(a)

The county administrator or the administrator's designee shall have the power and duty to:

(1)

Administer and enforce the provisions of this article.

(2)

Investigate complaints, study and observe pollution conditions, and make recommendations as to the institution of action necessary to abate nuisances caused by pollution, and as to prosecution of any violation of this article.

(3)

Make appropriate surveys, tests, and inspections of property, facilities, equipment, and processes operating under the provisions of this article to determine whether the provisions of this article are being complied with; interact with the state department of environmental protection, and make recommendations for methods by which pollution may be reduced or eliminated. Inspections shall be conducted in accordance with subsection (b) of this section.

(4)

Maintain, review, and supervise all operating records required to be filed with the county administrator by persons operating facilities subject to the provisions of this article.

(5)

Render all possible assistance and technical advice to persons owning and/or operating regulated facilities, except that the county administrator and/or his employees shall not design the facility systems for any person.

(6)

Perform such other administrative duties as may be assigned by the board of county commissioners.

(7)

Issue or deny permits.

(b)

Inspections shall be conducted as follows:

(1)

Any duly authorized representative of the county administrator may, at any reasonable time, enter and inspect for the purpose of ascertaining the state of compliance with this article, any property, premises, or place, except a building which is used exclusively for a private residence, on or at which a regulated facility is located or is being constructed or installed or where records which are required under this article are kept.

(2)

Any duly authorized representative may, at reasonable times, have access to and copy any records required under this article; inspect any monitoring equipment or method; sample for any hazardous material which the owner or operator of such source may be discharging or which may otherwise be located on or underlying the owner's or operator's property; and obtain any other information necessary to determine compliance with permit conditions or other requirements of this article.

(3)

No person shall refuse reasonable entry or access to any authorized representative of the county administrator who requests entry for purposes of inspection and who presents appropriate credentials; nor shall any person obstruct, hamper, or interfere with any such inspection. The owner or operator of the premises shall receive a report, if requested, setting forth all facts found which relate to compliance status.

(4)

Install and sample monitor wells in facilities suspected of causing groundwater pollution. All costs associated with these activities will be borne by the facility if they are proved to be the source of pollution, or the facility is in noncompliance with its operating permit.

(Ord. No. 18-36 , § 3(Att. E), 10-23-18)